Research On The Copyright Of Game Online Live Broadcast

The online game live broadcast industry is an emerging game derivative industry.In the process of its booming development,various legal issues have arisen.The relationship between the live broadcast of the game and the copyright of its parent,the game,is the focus of the intellectual property community at this stage.problem.The study of the game's live copyright issue cannot be separated from the analysis of the type of the work of the parent,the game,and the nature of its copyright.Video games,as a general term for a class of products,are not a single type of work.In different cases,they can be different types of works,or collections of different types of works.Scenes,characters,props,etc.contained in the game graphics may constitute an art work,and a game continuous graphics having a plot may constitute an electric work.According to the current law of China,the live broadcast of the game will infringe the property rights of the game copyright owner,but if you refer to the provisions on fair use within the scope of the comparative law,according to the content and usage of the game used by the live broadcast,the online game is live.In this case,it can constitute reasonable use.The game anchor is a person who explains the operation and progress of the game during the live broadcast of the game.In the personal live broadcast,the player who broadcasts the game graphics and sound to the Internet is generally operated by the live broadcast software.The operators of the live broadcast platform generally provide live broadcast software and platforms to guide and help the use of live broadcast software,and promote the live broadcast information.The online game live broadcast infringes the game copyright.According to the control of the live broadcast platform on the game anchor and live content and the awareness of the live broadcast platform on the infringement behavior,the live broadcast platform may assume the substitute responsibility for the behavior of the game anchor by referring to the employer's responsibility.It may be that the live broadcast platform competes with the anchor for infringement and bears no joint liability.It may also be jointly and severally liable for the joint infringement by the live broadcast platform and the anchor.The game anchor may comment the game that operates by himself,and may also comment the game that the other person operates.When he comment the game that operates by himself,he is also the game player.The commentary of the game anchor can constitute a dictation work when it conforms to the general constitutive elements of the work,but the live broadcast behavior is usually not a performance of the literary and artistic works,and he does not enjoy the performer's right.The behavior of game players in the operation of games generally lacks creative intentions,and the operation process cannot constitute a work.The operation of the game is not a performance of literary and artistic works.Therefore,the game player is neither an author nor a performer,but,in some special type of gameplay,players have copyright in the works they create during the game.